{"id":"commonwealth-powers-de-facto-relationships-act-2009","name":"Commonwealth Powers (De Facto Relationships) Act 2009","slug":"commonwealth-powers-de-facto-relationships-act-2009","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31792,"registerId":"sa-commonwealth-powers-de-facto-relationships-act-2009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commonwealth Powers (De Facto Relationships) Act 2009","content":"South Australia\nCommonwealth Powers (De Facto Relationships) Act 2009\nAn Act to refer certain financial matters relating to the breakdown of certain relationships to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth.\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tReferences\n5\tTermination of references\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Commonwealth Powers (De Facto Relationships) Act 2009.\n2—Commencement\n\t(1)\tThis Act will come into operation on a day to be fixed by proclamation.\n\t(2)\tSection 7(5) of the Acts Interpretation Act 1915 does not apply in relation to the commencement of this Act or any provision of this Act.\n3—Interpretation\n\t(1)\tIn this Act—\ncompanion couple relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—\n\t(a)\tthe relationship between a legally married couple; or\n\t(b)\ta de facto relationship; or\n\t(c)\ta relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;\nde facto relationship has the same meaning as in section 4AA of the Family Law Act 1975 of the Commonwealth;\nfinancial matters—\n\t(a)\tin relation to the parties to a de facto relationship—means any or all of the following matters:\n\t(i)\tthe maintenance of 1 of the parties;\n\t(ii)\tthe distribution of the property of the parties or of either of them;\n\t(iii)\tthe distribution of any other financial resources of the parties or of either of them;\n\t(b)\tin relation to the parties to a companion couple relationship—means any or all of the following matters:\n\t(i)\tthe maintenance of 1 of the parties;\n\t(ii)\tthe distribution of the property of the parties or of either of them;\n\t(iii)\tthe distribution of any other financial resources of the parties or of either of them.\n\t(2)\tWords or phrases in the definition of financial matters that are defined in the Family Law Act 1975 of the Commonwealth have the meaning set out in that Act.\n\t(3)\tThis Act extends to de facto relationships that ended before the commencement of this Act.\n4—References\n\t(1)\tThe following matters, to the extent to which they are not otherwise included in the legislative powers of the Parliament of the Commonwealth, are referred to the Parliament of the Commonwealth for a period commencing on the day on which this Act commences and ending on the day fixed, pursuant to section 5, as the day on which the references under this Act are to terminate, but no longer:\n\t(a)\tfinancial matters relating to the parties to de facto relationships arising out of the breakdown (other than by reason of death) of those de facto relationships;\n\t(b)\tfinancial matters relating to the parties to companion couple relationships arising out of the breakdown (other than by reason of death) of those companion couple relationships.\n\t(2)\tThe operation of each paragraph of subsection (1) is not affected by the other paragraph.\nNote—\nSubsection (1)(b) had not come into operation at the date of the publication of this version.\n5—Termination of references\n\t(1)\tThe Governor may, at any time, by proclamation, fix a day as the day on which the references under this Act are to terminate.\n\t(2)\tThe day fixed under subsection (1) must be no earlier than the first day after the end of the period of 3 months beginning with the day on which the proclamation is made under that subsection.\n\t(3)\tThe Governor may, by proclamation, revoke a proclamation under subsection (1), in which case the revoked proclamation is taken (for the purposes of section 4) never to have been made.\n\t(4)\tA revoking proclamation has effect only if made before the day fixed under subsection (1).\n\t(5)\tThe revocation of a proclamation under subsection (1) does not prevent a further proclamation being made under that subsection.\nLegislative history\nNotes\n\t•\tIn this version provisions that are uncommenced appear in italics.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2009\n86\nCommonwealth Powers (De Facto Relationships) Act 2009\n10.12.2009\n1.7.2010 (Gazette 4.2.2010 p461) except s 4(1)(b)—uncommenced\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the Act's title and historical context, there is no indication of scope change from the original intent — which was a straightforward referral of power over de facto relationship property matters to the Commonwealth. However, this cannot be confirmed without access to the actual text."},"complexity_factors":["The Act's title suggests it is a referral of constitutional power — typically a short, narrow instrument with limited operative clauses","These types of referral acts are generally brief and technical rather than substantively complex","Full analysis is impossible as the legislative text was not retrievable — a 'Page Not Found' error was returned instead of the Act's content","Any hidden complexity in definitions, conditions on the referral, or savings provisions cannot be assessed"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Commonwealth Powers (De Facto Relationships) Act 2009** (South Australia) could not be retrieved — the source page returned a \"Page Not Found\" error.\n\n### What we do know from the title:\nBased on its name, this Act is a **referral of legislative power** from South Australia to the Commonwealth (federal) government. In plain English, South Australia was agreeing to let the federal government make laws about **de facto relationships** (couples who live together but aren't married) — specifically covering things like property division and financial settlements when those relationships break down.\n\nThis was part of a coordinated effort by most Australian states and territories around 2008–2009 to let the federal *Family Law Act* cover de facto couples in the same way it covers married couples, rather than having different rules in each state.\n\n### Who it would affect:\n- Couples living together in a de facto relationship in South Australia\n- People separating from a de facto partner who need to divide property or finances\n- Family lawyers and courts handling relationship breakdown cases\n\n> **Note:** Because the actual legislative text was unavailable, this analysis is based on the Act's title and known historical context only. The complexity scores and scope assessment below reflect this limitation."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Compared with a narrow referral of power solely over de facto relationships, this Act expands scope in two concrete ways: (1) it contemplates referring financial matters for a different category called 'companion couple relationships' (a broader or at least distinct class from de facto relationships) — though that paragraph was uncommenced at publication (s3(1); s4(1)(b) note); and (2) it expressly extends coverage to de facto relationships that ended before the Act commenced (s3(3)), which broadens the temporal reach beyond future breakdowns. Both elements increase the referral’s breadth relative to an intent limited only to current and future de facto relationship breakdowns."},"complexity_factors":["Short Act (5 substantive sections)","3 defined relationship terms: 'companion couple relationship' (detailed exclusions), 'de facto relationship' (cross‑referenced to Family Law Act s4AA), and 'financial matters' with subparts (s3)","Cross‑reference to Commonwealth Family Law Act for term meanings (s3(1)–(2))","Temporal extension to pre‑commencement relationships (s3(3))","Conditional/temporary referral with termination by proclamation and minimum notice period of 3 months (s5(1)–(2))","Provision recorded as uncommenced (s4(1)(b) — companion couple referral), creating bifurcated operative scope","Simple interaction rules: operation of one paragraph of s4(1) not affected by the other (s4(2))"],"plain_english_summary":"The Act refers certain financial matters arising from breakdowns of intimate relationships—maintenance, property and other financial division—for de facto (and potentially companion couple) relationships from South Australia to the Commonwealth so federal law can be made. It is time‑limited (the Governor proclaims the end date), can apply to past breakdowns, and shifts which legislature and courts decide financial outcomes; the companion‑couple referral was not in force at publication."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: referring financial matters relating to relationship breakdowns to the Commonwealth. The inclusion of 'companion couple relationships' (s 4(1)(b)) was part of the original design but was never commenced, suggesting the scope was intentionally broad from inception but implementation was selective. No scope creep has occurred through amendments."},"complexity_factors":["Short statute — only 5 operative sections","Minimal defined terms (only 3: companion couple relationship, de facto relationship, financial matters)","Simple conditional logic — primarily commencement and termination mechanisms","Single cross-reference to Family Law Act 1975 (Cth) for definitions","Retrospectivity provision is straightforward (s 3(3))","Uncommenced provisions clearly marked (s 4(1)(b))","No nested exceptions or complex procedural requirements"],"plain_english_summary":"This is a South Australian law that hands over power to the Australian (Commonwealth) Parliament to make laws about money and property disputes when certain relationships break down.\n\n**What it does:**\n- **Refers power** to the Commonwealth Parliament under section 51(xxxvii) of the Constitution (this is a special power where states can voluntarily give the federal government authority to make laws on specific topics).\n- Covers two types of relationships:\n  - **De facto relationships** — couples living together as a couple but not married (as defined in federal family law)\n  - **Companion couple relationships** — a broader category covering any two adults living together as a couple on a genuine domestic basis, regardless of gender or family ties, but excluding married couples, de facto couples, and paid care arrangements\n\n**What financial matters are covered:**\n- Spousal maintenance (financial support after separation)\n- Dividing up property\n- Dividing up other financial resources\n\n**Key features:**\n- The power transfer is **temporary** — the South Australian Governor can end it with at least 3 months' notice\n- The power can be **revoked** (cancelled) before it takes effect\n- It applies even to relationships that ended **before this law started** (retrospective effect)\n- The companion couple provisions **have not yet started** (they remain uncommenced)\n\n**Why it matters:**\nThis allows the federal Family Law Act to apply to de facto couples in South Australia, giving them access to the federal courts and a consistent national system for property settlement, rather than having to use state courts. The companion couple provision was intended to extend this to other domestic partnerships (like caring relationships) but has never been activated."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/commonwealth-powers-de-facto-relationships-act-2009","history":"/api/acts/commonwealth-powers-de-facto-relationships-act-2009/history","analysis":"/api/acts/commonwealth-powers-de-facto-relationships-act-2009/analysis","conflicts":"/api/acts/commonwealth-powers-de-facto-relationships-act-2009/conflicts","importantCases":"/api/acts/commonwealth-powers-de-facto-relationships-act-2009/important-cases","documents":"/api/acts/commonwealth-powers-de-facto-relationships-act-2009/documents"}}